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Calcutta High CourtWPA/286/2020dismissed

Kabita Majhi v. State Of West Bengal & ORS

2023-05-01Hon'Ble Justice Rajasekhar Mantha2 pages

01-05-2023 ct no. 13 sl. 294 sp WPA 286 of 2020 Kabita Majhi -VersusThe State of West Bengal & Ors.

Sk. Abdus Salam, Mr. Subrata Mukherjee ...for the petitioner 1.

The petitioner complains of alleged inaction on the part of the Kultali Police Station in respect of a complaint against the private respondents. The petitioner had earlier moved WP 759 (W) of 2019, which was disposed of by the order dated February 21, 2019.

2.

FIRs have been registered and charge sheets have been filed. The disputes have been held to be civil in nature. The instant writ petition, on the self-same cause of action is, therefore, in gross abuse of process of law.

3.

The instant writ petition is, therefore, dismissed with costs, assessed at Rs. 5,100/- payable to the Kultali Police Station, South 24 Parganas, by the petitioner.

4.

In default of payment of costs, the Kultali Police Station shall keep the charge sheets filed in abeyance and recover the amounts

under the Bengal Public Demand Recovery Act, 1913.

5.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)